Xavier Lopez can bring his civil rights case against Riverside Police Officer Evan Wright, who shot Lopez twice on Jan. 26, 2021, the Ninth Circuit Court of Appeal ruled in a split unpublished decision Dec. 5.
Wright attempted to have the case’s excessive force claim thrown out, arguing that his actions were protected under his conduct as a police officer.
Police officers cannot be sued by people they use force against if they have probable cause to believe that the person poses a significant threat of death or serious injury.
Lopez was not a danger to Wright at the time Wright shot him, so he did
